When you buy a product – whether it’s a child’s toy, a household appliance, or some other product – you have certain rights. Big companies have an obligation to create and distribute safe products. But, people are injured or die every day because of dangerous and defective products. Typically, the causes of these injuries and deaths are traced back to defective design, manufacturing errors, or a failure to warn the consumer about possible harm.
The manufacturer, wholesaler, or retailer of a product may have liability if an injury or death is the result of the product. This includes the manufacturer of component parts of the product and any other party in the distributive chain. This area of law is known as product liability.
If you have used any of the following dangerous products, call Marcus & Mack for a free consultation:
- Talcum powder
If you or a loved one was injured by a defective product, contact a Western, PA product liability attorney at Marcus & Mack. We will protect your rights. Helping injured people is what we do. In fact, it’s all we do.
Defining Product Liability in Indiana, PA
A product liability case can be linked to any number of defective or dangerous products. As a consumer, you have a right to be safe whether you are using a piece of gym equipment, heavy machinery or a household product. It is important to get an aggressive representation from an Indiana, PA attorney who has experience with defective product law and product liability law. Talk to Marcus & Mack today to know your rights! We help the injured in a variety of product liability lawsuits.
Example of a Product Liability Case
As an example of a potential negligence case, let’s say someone gets injured after using a power drill with a design defect. Parties that could be named as defendants in a product liability lawsuit may include:
- The wholesaler
- The maker of the drill
- The distributor
- The retail store
Generally speaking, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.
What Is the Product Liability Law in Pennsylvania?
Pennsylvania law of strict product liability is based on Sec. 402A of the Restatement (2d) of Torts. Under Pennsylvania strict product liability law, a manufacturer/supplier of a product is the guarantor of its safety. The manufacturer/supplier is liable for any harm that a defect in its product causes. A defect may be found where the product left the manufacturer and supplier’s control lacking any element necessary to make it safe for its intended use or possessing any feature that rendered it unsafe for the intended use. Intended use includes any reasonably foreseeable use of a product.
A defective condition, creating strict liability, is not limited to defects in the design or manufacture of a product. The manufacturer and supplier of a product must also provide such warnings and instructions as are necessary to inform the user or consumer of the possible risks and inherent limitations of the product in a form that will reach the consumer. If there are no warnings or instructions included with the product, this may be considered a defect.
The law of strict product liability concentrates on the safety of the product rather than on the reasonableness of the manufacturer and supplier’s conduct. The manufacturer and supplier of a product may be liable for harm caused by its defective product even where it has exercised all possible care in the preparation and sale of its product.
The American company Monsanto manufactures Roundup, one of the most popular weed-killing pesticides on the market. Monsanto and Roundup have also been the targets of extensive legal action. In particular, the State of California has repeatedly attempted to have Roundup banned or carry a warning label due to the potential for harm caused by Roundup.
The chemical in Roundup believed to be harmful is glyphosate, which some studies have found has been linked to causing cancer and birth defects. Monsanto denies such accusations. But many people and health advocacy groups have taken strong legal action against Monsato for years due to health problems they claim were caused by exposure to Roundup.
If you believe you or a loved one has been harmed by Roundup, don’t let Monsanto’s denials deter you. Take legal action. Talk to our law firm. We can explain all the legal options available to you and help you pursue legal action against Monsanto. We understand how the legal system works and we know how to get results.
Talcum powder might not seem like a harmful product. Parents use talcum powder on babies all the time. And many people apply talcum powder onto their feet. But silica-based talcum powder has been linked to many serious injuries and illnesses.
Specifically, magnesium silicate in talcum powder has been linked to ovarian cancer in many women. Uterine cancer has also been linked to long-term use of talcum powder by women. Specifically, women who have used talcum powder on or near their genitals have developed cancer due to absorption of silica in ovarian tissue, which results in inflammation that often leads to cancer.
Many companies that manufacture talcum powder deny the harmful effects caused by their products. Numerous studies have documented the harmful effects of talcum powder for decades. You have rights and we can fight for them. Contact our law firm and find out how we can help you with your talcum powder injury case.
How Our Western, PA Product Liability Attorneys Can Help
We have over 100 years of combined legal experience. We vigorously fight for the rights of clients who have been injured by dangerous drugs and defective products. To find out how we have helped others, read our testimonials. We urge you to contact us to schedule a free consultation. A delay may affect your rights, so act promptly. Call (814) 277-5664 now. Discover the difference Marcus & Mack can make.